As we have previously discussed in our blog regarding the difficulty of wrongful death claims, there is nothing that can prepare you for such a horrible time. We believe a client should spend what little time they have available during this difficult period worrying about their own family and well being, not the legal process associated with a wrongful death claim.
As a valued client, we offer peace of mind to know that we will investigate and cover all aspects of a wrongful death claim, so that the grieving family members can focus on one another.
When you are thinking of filing a wrongful death case in a court of law, our Memphis attorneys look at all aspects. One way that the authorities can make the party responsible for your loved one's death is to measure the value that this person would added to his or her life if he or she hadn't died.
In other words, the judge puts a price on the value of your loved one's life. This is never easy or pleasant, but can give you a sense of justice in the end.
Because the court is setting a value to the life of the person who has passed away, the death of a child or an elderly person raises some difficulties. How can you measure the future earning potential of a child or elderly retired person? There are guidelines that apply.
Valuing Wrongful Death Claims
When a wage-earning adult dies, it is fairly simple to evaluate the financial loss. For instance, if a mother dies, not only is the loss financial (assuming she is a wage earner) but also the loss of nurturing, care and guidance can be assessed as well.
When a child dies, the financial loss is the only criteria that are weighed. The child's age, sex, life expectancy, state of health and habits of the child are reviewed. Along with those, the child's earning potential and the relationship that he or she had with those making the claim are taken into consideration.
When an elderly person passes away due to someone's negligence or harm, his or her value, if it may be put that way, is also hard to assess. There are many factors that result in what is usually a low recovery amount when a retired or elderly person dies.
It is often thought that older people do not have a job or earning potential any more. Second, the children of these people are generally adults who have no great need for significant guidance, support or nurturing.
Our Memphis attorneys can help.
This is just a brief overview of what you can expect in a wrongful death suit. There are going to be questions that you need answers to. Seeking help may be a good idea.
We have a vast amount of experience in dealing with wrongful death claims of children, adults and the elderly. These are claims that have resulted from trucking accidents, medical malpractice claims and many other situations. Call The Chiozza Law Firm at 901-526-9494 or email Brian Chiozza, firstname.lastname@example.org, for any questions.